Clause 52. — (Power to ensure cleanliness.)

– in the House of Commons at 12:00 am on 27th July 1944.

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Lords Amendment: In page 43, line 8, leave out "then subject as hereafter provided."

Photo of Mr James Ede Mr James Ede , South Shields

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This and the next three Amendments speed up the treatment of verminous children. They have been asked for by local education authorities and will enable those authorities to deal more expeditiously with these unfortunate pupils.

Question put, and agreed to.

Subsequent Lords Amendments to page 43, line 34, agreed to.

Lords Amendment: In page 43, line 44, leave out Sub-section (6), and insert: (6) If alter the cleansing of the person or clothing of any pupil has been carried out under this section his person or clothing is again found to be infested with vermin or in a foul condition at any time while he is in attendance at a school maintained by a local education authority or at a county college, and it is proved that the condition of his person or clothing is due to neglect on the part of his parent, or in the case of a pupil in attendance at a county college to his own neglect, the parent or the pupil, as the case may be, shall be liable on summary conviction to a fine not exceeding twenty shillings

Photo of Mr James Ede Mr James Ede , South Shields

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This Amendment deals with a case where a pupil, having been cleansed, subsequently becomes reinfested with vermin owing to neglect by the parents. It imposes a penalty on the parents for such neglect.

Question put, and agreed to.

Subsequent Lord Amendments to page 49, line 25, agreed to.

Lords Amendment: In page 49, line 33, at end, insert new Clause C: (Power of local education authorities to assist governors of aided secondary schools in respect of liabilities incurred before commencement of Part II)A local education authority shall have power, so far as may be authorised by arrangements approved by the Minister. to make grants to the governors of any aided secondary school for the purpose of helping them to discharge any liability incurred, before the date of the commencement of this Part of this Act, by them or on their behalf or by or on behalf of any former managers or governors of the school or any trustees thereof, for the purposes of establishing or carrying on the school.

Photo of Mr R.A. Butler Mr R.A. Butler , Saffron Walden

I beg to move, "That this House doth agree with the Lords in the said Amendment.

This Clause is identical with the old Clause 76 (2). I mention that to show that we are not introducing any new idea at this stage but it has been given a Clause of its own. The liabilities involved in the Clause must have been incurred before 1st April, 1945. It is a matter that the House has had before it before.

Question put, and agreed to.

Subsequent Lords Amendments to page 50, line 12, agreed to.

Lords Amendment: In page 50, line 14, at end, insert new Clause D: (Power of Minister to prevent unreasonable exercise of functions)If the Minister is satisfied, either on complaint by any person or otherwise, that any local education authority or the managers or governors of any county or auxiliary school have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, he may, notwithstanding any enactment rendering the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the managers or governors, give such directions as to the exercise of the power or the performance of the duty as appear to him to be expedient.

Amendment read a Second time.

Photo of Sir Geoffrey Hutchinson Sir Geoffrey Hutchinson , Ilford

I beg to move, as an Amendment to the Lords Amendment, at the end, to add: If a local education authority inform the Minister that they are aggrieved by any directions given under this Section the directions shall be laid before Parliament as soon as may be thereafter and if either House of Parliament within the period of forty days beginning with the day on which any such directions are laid before it resolves that the directions be annulled the directions shall cease to have effect.In reckoning any such period of forty days no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

Photo of Sir Richard Denman Sir Richard Denman , Leeds Central

I have an Amendment on line 3 to leave out "auxiliary" and insert "voluntary."

Photo of Mr Douglas Clifton Brown Mr Douglas Clifton Brown , Hexham

I have no Amendment in the name of the hon. Member.

Photo of Mr R.A. Butler Mr R.A. Butler , Saffron Walden

The word "auxiliary" unfortunately appears in the draft instead of the word "voluntary." The hon. Member has done a service in drawing attention to it. I presume it will arise when you, Sir, put the new Clause with the Amendment of my hon. and learned Friend the Member for Ilford (Mr. Hutchinson).

Photo of Mr Douglas Clifton Brown Mr Douglas Clifton Brown , Hexham

The hon. and learned Gentleman's Amendment must come first.

Photo of Sir Geoffrey Hutchinson Sir Geoffrey Hutchinson , Ilford

This new Clause and my Amendment to it raise a question of some constitutional importance and significance. Under the terms of the Clause the Minister is empowered, if he is satisfied, upon the complaint of any person or otherwise, that any local education authority or the managers or governors of a school have acted unreasonably in the exercise of any powers conferred upon them by this Bill, or in the determination of any question which under any other enactment is contingent upon the opinion of the authority, to give directions overruling the decision which the local education authority or other persons have given. That involves a very considerable extension of the power of a Minister to intervene in matters which are by the terms of an Act of Parliament left to the discretion of other authorities.